Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 14 — Transitional provision
Part 3 — Other transitional provision
147

(b)
as to the payment of fees charged, or expenses incurred, by any
person nominated to determine any matter by virtue of sub-
paragraph (a).
Part 3
Other transitional provision
5
Politically restricted posts
13    (1)
This paragraph applies to a person if—
(a)
by virtue of a transfer scheme, the person ceases to be a member of
the staff of an existing police authority and becomes a member of
staff of a new policing body (the “transferred employment”), and
10
(b)
the duties which the person carries out as a member of staff of the
new policing body are the same, or substantially the same, as the
duties the person carried out as a member of staff of the existing
policing authority.
      (2)
Section 1 of the Local Government and Housing Act 1989 (politically
15
restricted posts) does not apply to the person by virtue of the person holding
the transferred employment.
Continuity
14    (1)
The abolition of an existing police authority, the transfer or abolition of its
functions, and the transfer of its property, rights and liabilities, do not affect
20
the validity of anything done before the abolition or transfer.
      (2)
Sub-paragraphs (3) to (5) apply where any functions, property, rights or
liabilities are transferred by or under this Act from an existing police
authority (the “transferor”) to another person (the “transferee”).
      (3)
There may be continued in relation to the transferee anything (including
25
legal proceedings) which—
(a)
relates to any of the functions, property, rights or liabilities
transferred, and
(b)
is in the process of being done by or in relation to the transferor
immediately before the transfer takes effect.
30
      (4)
Anything which—
(a)
was made or done by or in relation to the transferor for the purposes
of, or otherwise in connection with, any of the functions, property,
rights or liabilities transferred, and
(b)
is in effect immediately before the transfer takes effect,
35

has effect as if made or done by or in relation to the transferee.
      (5)
The transferee is to be substituted for the transferor in any instruments,
contracts or legal proceedings which—
(a)
relate to any of the functions, property, rights or liabilities
transferred, and
40
(b)
are made or commenced before the transfer takes effect.
      (6)
The Secretary of State may, by direction, determine any question under this
section as to—

Police Reform and Social Responsibility Bill
Schedule 14 — Transitional provision
Part 4 — Interpretation
148

(a)
whether any particular functions, property, rights or liabilities are
transferred by or under this Act, or
(b)
the person to which any particular functions, property, rights or
liabilities are transferred by or under this Act.
      (7)
The preceding provisions of this paragraph—
5
(a)
are without prejudice to any power to make a transfer scheme, and
(b)
are subject to the provisions of any transfer scheme.
      (8)
In this paragraph a reference to the transfer of a function of an existing police
authority includes a reference to the abolition of the function and the
conferral of a corresponding function on another person.
10
Power to make transitional provision etc
15
The Secretary of State may, by order, make such transitional and transitory
provision, and savings, as the Secretary of State considers appropriate in
connection with the abolition of the existing police authorities.
Part 4
15
Interpretation
16
In this Schedule—
“chief officer” means—
(a)
in relation to a police area listed in Schedule 1 to the Police
Act 1996, the chief constable established for that police area
20
under section 2 of this Act;
(b)
in relation to the metropolitan police district, the
Commissioner of Police of the Metropolis established under
section 4;
“existing police authority” means—
25
(a)
in relation to a police area listed in Schedule 1 to the Police
Act 1996, the police authority established under section 3 of
that Act for that area;
(b)
in relation to the metropolitan police district, the
Metropolitan Police Authority;
30
“local authority” means—
(a)
in relation to England, a county council or a district council;
(b)
in relation to Wales, a county council or a county borough
council;
“new policing body” means—
35
(a)
in relation to a police area listed in Schedule 1 to the Police
Act 1996, the police and crime commissioner for that area;
(b)
in relation to the metropolitan police district, the Mayor’s
Office for Policing and Crime;
“police force” means—
40
(a)
in relation to a police area listed in Schedule 1 to the Police
Act 1996, the police force maintained for that area under
section 2 of that Act;
(b)
in relation to the metropolitan police district, the
metropolitan police force;
45

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 1 — Police Act 1996
149

“transfer scheme”, in relation to an existing police authority, means a
scheme for transferring staff, property, rights or liabilities of that
authority.
Schedule 15
Section 99

Minor and consequential amendments in relation to Part 1
5
Part 1
Police Act 1996
1
The Police Act 1996 is amended in accordance with this Part.
2
For the italic cross-heading before section 1 substitute—
“Police areas and police forces”
10
3
Omit the italic cross-heading before section 2.
4     (1)
Section 2 (maintenance of police forces) is amended in accordance with this
paragraph.
      (2)
The existing provision of section 2 becomes subsection (1) of that section.
      (3)
After that subsection, insert—
15
“(2)
For further provision about the maintenance of those police forces,
see Chapter 1 of Part 1 of the Police Reform and Social Responsibility
Act 2011.”.
5
Omit—
(a)
sections 3 to 5, and
20
(b)
the italic cross-heading before section 5A.
6     (1)
Section 5A (maintenance of the metropolitan police force) is amended in
accordance with this paragraph.
      (2)
The existing provision of section 5A becomes subsection (1) of that section.
      (3)
After that subsection, insert—
25
“(2)
For further provision about the maintenance of the metropolitan
police force, see Chapter 2 of Part 1 of the Police Reform and Social
Responsibility Act 2011.”.
7
Omit sections 5B to 6.
8
Before section 6ZA insert the following cross-heading—
30
“The City of London”.
9     (1)
Section 6ZA (power to confer particular functions on police authorities) is
amended in accordance with this paragraph.
      (2)
In the title, for “police authorities” substitute “the Common Council”.
      (3)
In subsection (1), for “police authorities” substitute “the Common Council”.
35

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 1 — Police Act 1996
150

      (4)
In subsection (2)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “police force maintained for its area” substitute “the City of
London police force”;
(c)
for “the authority” substitute “the Common Council”.
5
      (5)
In subsection (3), for paragraphs (a) and (b) substitute—
“(a)
the Common Council,
(b)
the Commissioner of Police for the City of London, and”.
      (6)
Omit subsection (4).
10    (1)
Section 6ZB (plans by police authorities) is amended in accordance with this
10
paragraph.
      (2)
In the title, for “police authorities” substitute “the Common Council”.
      (3)
In subsection (1)—
(a)
for “every police authority” substitute “the Common Council”;
(b)
for “the authority’s” substitute “the Common Council’s”;
15
(c)
for “its area” substitute “the City of London police area”.
      (4)
In subsection (3)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “relevant chief officer of police” substitute “the Commissioner of
Police for the City of London”;
20
(c)
for “the authority” substitute “the Common Council”;
(d)
for “The authority” substitute “The Common Council”.
      (5)
In subsection (4)—
(a)
for “a police authority” substitute “the Common Council”;
(b)
for “relevant chief officer of police” (in each place) substitute “the
25
Commissioner of Police for the City of London”;
(c)
for “the authority” substitute “the Common Council”.
      (6)
In subsection (8), for paragraphs (a) and (b) substitute—
“(a)
the Common Council,
(a)
the Commissioner of Police for the City of London, and”.
30
      (7)
Omit subsection (9).
      (8)
Omit subsection (11).
11    (1)
Section 6ZC (reports by police authorities) is amended in accordance with
this paragraph.
      (2)
In the title, for “police authorities” substitute “the Common Council”.
35
      (3)
In subsection (1)—
(a)
for “police authorities” substitute “the Common Council”;
(b)
for “their areas” substitute “the City of London police area”.
      (4)
In subsection (3), for paragraphs (a) and (b) substitute—
“(a)
the Common Council,
40
(a)
the Commissioner of Police for the City of London, and”.
      (5)
Omit subsection (4).

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 1 — Police Act 1996
151

12
Omit sections 8A to 9G.
13
Before section 9H insert—
“Police ranks”.
14
Omit sections 10 to 12A.
15
Omit sections 14 to 17.
5
16
Before section 18 insert—
“City of London: supply of goods and services”.
17    (1)
Section 18 (supply of goods and services) is amended in accordance with this
paragraph.
      (2)
In subsection (1), omit paragraph (a).
10
      (3)
In subsection (1)(b)—
(a)
for “shall also apply with that modification” substitute “shall,”;
(b)
at the end insert “, apply with the modification set out in subsection
(2)”.
      (4)
In subsection (3)—
15
(a)
for “A police authority” substitute “The Common Council in its
capacity as police authority”;
(b)
for “another police authority” substitute “another local policing
body”;
(c)
for “a police authority collaboration agreement” substitute “force
20
collaboration provision in a collaboration agreement”.
18
Omit sections 19 to 21
19
Omit the heading “General provisions” before section 22.
20    (1)
Section 22 (reports by chief constables to police authorities) is amended as
follows.
25
      (2)
In subsection (1)—
(a)
for “Every chief officer of police of a police force” substitute “The
chief constable of the City of London police force”;
(b)
for “police authority” substitute “Common Council”;
(c)
for the words from “the area” to “maintained” substitute “the City of
30
London police area”.
      (3)
In subsection (2), for “A chief officer” substitute “The chief constable”.
      (4)
In subsection (3)—
(a)
for “The chief officer of police of a police force” substitute “The chief
constable of the City of London police force”;
35
(b)
for “police authority” substitute “Common Council”;
(c)
for “that authority” substitute “the Common Council”.
      (5)
In subsection (4), for “police authority” substitute “Common Council”.
      (6)
In subsection (5)—
(a)
for “chief officer” substitute “chief constable”;
40

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 1 — Police Act 1996
152

(b)
for “police authority” substitute “Common Council”;
(c)
for “that authority” substitute “Common Council”.
      (7)
In subsection (6)—
(a)
for “police authority” substitute “Common Council”;
(b)
for “the authority” substitute “the Common Council”.
5
21
After section 22 insert the following cross-heading—
“General provisions“.
22    (1)
Section 24 (aid of one police force by another) is amended as follows.
      (2)
In subsection (3), for “sections 9A and 10(1)” substitute “sections 2 and 4 of
the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)”.
10
      (3)
For subsection (3A) substitute—
“(3A)
While a member of the civilian staff of a police force maintained
under section 2, or a member of the civilian staff of the metropolitan
police force, is provided under this section for the assistance of
another police force, that member of staff is, notwithstanding section
15
2 or 4 of the 2011 Act, under the direction and control of the chief
officer of police of that other force.”.
      (4)
In subsection (4)—
(a)
for “police authority” (in both places) substitute “local policing
body”;
20
(b)
for “police authorities” substitute “local policing bodies”.
      (5)
In subsection (4A)—
(a)
for “police authority” substitute “local policing body”;
(b)
for “section 10(1)” substitute “sections 2 and 4 of the 2011 Act”.
23
In section 25(1) (provision of special services), for “police authority”
25
substitute “local policing body”.
24    (1)
Section 26 (provision of advice and assistance to international organisations
etc) is amended in accordance with this paragraph.
      (2)
In subsection (1), for “police authority” substitute “local policing body”.
      (3)
In subsection (2)—
30
(a)
for “police authority” substitute “local policing body”;
(b)
for “the authority” substitute “the body”.
      (4)
In subsections (5) and (6), for “police authority” substitute “local policing
body”.
25
In section 27 (special constables), in subsection (2), for “police force
35
collaboration agreement” substitute “collaboration agreement”.
26
In section 28 (police cadets), in subsection (3)—
(a)
for “Without prejudice to subsection (2)” substitute “Accordingly”;
(b)
for “the police authority that maintains a police force” substitute “the
chief officer of a police force”.
40
27    (1)
Section 30 (jurisdiction of constables) is amended in accordance with this
paragraph.

Police Reform and Social Responsibility Bill
Schedule 15 — Minor and consequential amendments in relation to Part 1
Part 1 — Police Act 1996
153

      (2)
In subsection (3A), for “section 24” substitute “section 22A”.
      (3)
In subsection (3B), for “police force collaboration agreement under section
23” substitute “collaboration agreement under section 22A”.
28
For section 31 (rewards for diligence) substitute—
“31
Rewards for diligence
5
(1)
The chief constable of a police force maintained under section 2 may
grant to members of that police force rewards for exceptional
diligence or other specially meritorious conduct.
(2)
The Commissioner of Police of the Metropolis may grant to members
of the metropolitan police force rewards for exceptional diligence or
10
other specially meritorious conduct.
(3)
The Common Council may, on the recommendation of the
Commissioner of Police for the City of London, grant out of the City
of London police fund to members of the City of London police force
rewards for exceptional diligence or other specially meritorious
15
conduct.”.
29
In section 32 (power to alter police areas by order), in subsection (3)(a), for
“police authority” substitute “local policing body”.
30
In section 33 (objections to alterations proposed by Secretary of State), in
subsection (1)(a), for “police authority” substitute “local policing body”.
20
31    (1)
Section 39A (codes of practice for chief officers) is amended as follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4)—
(a)
for the words from “preparing” to “Agency” substitute “issuing or
revising such a plan, the Secretary of State”;
25
(b)
for paragraph (a) substitute—
“(a)
such persons as appear to the Secretary of State to
represent the views of police and crime
commissioners;
(aa)
the Mayor’s Office for Policing and Crime;
30
(ab)
the Common Council;”;
(c)
for “it” substitute “the Secretary of State”.
32    (1)
Section 42A is amended in accordance with this paragraph.
      (2)
In the title, for “removal of senior officers” substitute “exercise of powers
under section 42”.
35
      (3)
In subsection (1), omit “9E, 11 or”.
      (4)
In subsection (2), for paragraph (a) substitute—
“(a)
the Mayor’s Office for Policing and Crime;”.
33    (1)
Section 53A (regulation of procedures and practices) is amended in
accordance with this paragraph.
40
      (2)
In subsection (2), omit paragraph (b) (and the word “and” at the end of
paragraph (a)).